Wind farm opponents lose Wyoming Supreme Court appeal
Casper Star-Tribune| Nicole Pollack |Apr 19, 2023
The decision upheld an earlier district court loss for a pair of lawsuits representing almost 50 local landowners opposed to the roughly 500-megawatt Rail Tie Wind Project. Each was filed shortly after county lawmakers granted the permit. Both challenges argued that the permitting process was incomplete and that county commissioners erred by still approving a special-use permit for the project.
The decision upheld an earlier district court loss for a pair of lawsuits representing almost 50 local landowners opposed to the roughly 500-megawatt Rail Tie Wind Project. Each was filed shortly after county lawmakers granted the permit. Both challenges argued that the permitting process was incomplete and that county commissioners erred by still approving a special-use permit for the project.
Albany County’s board of commissioners was justified in authorizing a 120-turbine wind farm to proceed during the summer of 2021, the Wyoming Supreme Court ruled Monday.
The decision upheld an earlier district court loss for a pair of lawsuits representing almost 50 local landowners opposed to the roughly 500-megawatt Rail Tie Wind Project. Each was filed shortly after county lawmakers granted the permit.
Both challenges argued that the permitting process was incomplete and that county commissioners erred by still approving a special-use permit for the project.
The Wyoming Supreme Court — like the district court — found that the commissioners fulfilled everything the law required of them. It said in Monday’s ruling that the permit …
... more [truncated due to possible copyright]Albany County’s board of commissioners was justified in authorizing a 120-turbine wind farm to proceed during the summer of 2021, the Wyoming Supreme Court ruled Monday.
The decision upheld an earlier district court loss for a pair of lawsuits representing almost 50 local landowners opposed to the roughly 500-megawatt Rail Tie Wind Project. Each was filed shortly after county lawmakers granted the permit.
Both challenges argued that the permitting process was incomplete and that county commissioners erred by still approving a special-use permit for the project.
The Wyoming Supreme Court — like the district court — found that the commissioners fulfilled everything the law required of them. It said in Monday’s ruling that the permit approval “was not arbitrary and capricious and was not a taking of private property.”
Pete Gosar, an Albany County commissioner, said the verdict came as a relief. “You try to follow your processes as best you can, and you hope you have it,” he said. Wyoming’s highest court affirmed that the commission did.